The judgement, delivered by Federal Court judge Richard White, said the National Cabinet had not been established as a committee of the Morrison Cabinet and as such could not be included under the "secrecy exemption" of the FOI ACT. Senator Patrick welcomed the ruling, declaring it a "landmark case" as it could have serious ramifications for the future of the National Cabinet. Justice White rejected the Morrison government's plea it was a committee of the federal Cabinet.
Constitution Watch uncovered this over a year ago when asking for the head of power to create the cabinet, the instrument empowering the cabinet and government gazette publications evidencing the creation of the pretended National Cabinet.